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- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (14)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (12)
- Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10) (11)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (11)
- Faculty Scholarship (8)
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- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (8)
- Articles (3)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (3)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (3)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (2)
- Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1) (2)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (2)
- Air Quality Protection in the West (November 27-28) (1)
- Articles, Book Chapters, & Popular Press (1)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (1)
- CRHR: Archaeology (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications (1)
- Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20) (1)
- Groundwater in the West (Summer Conference, June 16-18) (1)
- LLM Theses and Essays (1)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (1)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (1)
Articles 1 - 30 of 90
Full-Text Articles in Law
Privacy And National Politics: Fingerprint And Dna Litigation In Japan And The United States Compared, Dongsheng Zang
Privacy And National Politics: Fingerprint And Dna Litigation In Japan And The United States Compared, Dongsheng Zang
Articles
Drawing cases from two related areas of law-fingerprint and DNA (deoxyribonucleic acid) data-this Article proposes a modified framework, built on the Balkin-Levinson emphasis on national politics: First, national politics understood as partisan rivalry cannot account for what I call doctrinal lock-in in this Article, where I will demonstrate that in different stages of American politics-the Lochner era, the New Deal era, and Civil Rights era-courts across the nation ruled predominantly in favor of public data collectors-state and federal law enforcement in fingerprint cases. From the 1990s, when DNA data became hot targets of law enforcement, the United States Supreme Court …
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School
34 slides
Spatial Dynamics Of U.S. Cultural Resource Law, Robert Z. Selden Jr., C. Britt Bousman
Spatial Dynamics Of U.S. Cultural Resource Law, Robert Z. Selden Jr., C. Britt Bousman
CRHR: Archaeology
The American Antiquities Act, Historic Sites Act, Archeological and Historic Preservation Act, National Historic Preservation Act, American Indian Religious Freedom Act, Archeological Resources Protection Act, Abandoned Shipwreck Act, and the Native American Graves Protection and Repatriation Act comprise the basis of our exploration of cultural resource legislation in the United States. Since the passage of the American Antiquities Act in 1906, 1086 cases have challenged these statutes in U.S. courts. We investigate temporal and regional patterns of the case law to establish whether these laws are uniformly prosecuted throughout the U.S. Our findings suggest that case law is complex and …
Recent Developments In Third-Party Funding, Victoria Sahani
Recent Developments In Third-Party Funding, Victoria Sahani
Faculty Scholarship
This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC’s regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules …
Protecting The Right Of Citizens To Aggregate Small Claims Against Businesses, Paul D. Carrington
Protecting The Right Of Citizens To Aggregate Small Claims Against Businesses, Paul D. Carrington
Faculty Scholarship
No abstract provided.
“Early-Bird Special” Indeed!: Why The Tax Anti-Injunction Act Permits The Present Challenges To The Minimum Coverage Provision, Neil S. Siegel, Michael C. Dorf
“Early-Bird Special” Indeed!: Why The Tax Anti-Injunction Act Permits The Present Challenges To The Minimum Coverage Provision, Neil S. Siegel, Michael C. Dorf
Faculty Scholarship
In view of the billions of dollars and enormous effort that might otherwise be wasted, the public interest will be best served if the Supreme Court of the United States decides the present challenges to the Patient Protection and Affordable Care Act (ACA) during its October 2011 Term. Potentially standing in the way, however, is the federal Tax Anti-Injunction Act (TAIA), which bars any “suit for the purpose of restraining the assessment or collection of any tax.” The dispute to date has turned on the fraught and complex question of whether the ACA's exaction for being uninsured qualifies as a …
A Political Show Trial In The Northern District: Oberlin-Wellington Fugitive Slave Rescue Case, Paul Finkelman
A Political Show Trial In The Northern District: Oberlin-Wellington Fugitive Slave Rescue Case, Paul Finkelman
Faculty Scholarship
This chapter from Justice and Legal Change on the Shores of Lake Erie, examines the first important cases ever heard by the U.S. District Court for the Northern District of Ohio. The cases, known as the Oberlin-Wellington Fugitive Slave Cases -- stemmed out of the rescue of a fugitive slave from the custody of a professional slave catcher. The fugitive was seized in Oberlin, and taken to nearby Wellington, and held in hotel while the slave catchers waiting for a train to take them to Columbus. Meanwhile, a mob -- consisting mostly of Oberlin residents, including many Oberlin College …
Introduction, Paul Finkelman
Defining Civil Disputes: Lessons From Two Jurisdictions, Elizabeth G. Thornburg, Camille Cameron
Defining Civil Disputes: Lessons From Two Jurisdictions, Elizabeth G. Thornburg, Camille Cameron
Faculty Journal Articles and Book Chapters
Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary …
Defining Civil Disputes: Lessons From Two Jurisdictions, Camille Cameron, Elizabeth Thornburg
Defining Civil Disputes: Lessons From Two Jurisdictions, Camille Cameron, Elizabeth Thornburg
Articles, Book Chapters, & Popular Press
Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary …
Securities Class Actions As Public Law, James D. Cox
Securities Class Actions As Public Law, James D. Cox
Faculty Scholarship
The Political Economy of Fraud on the Market provides a wide-ranging criticism of and thoughtful reforms for securities class actions....However, both their critique of contemporary class actions and their model of the reforms they propose leave unexamined a good many matters relevant to both the criticism and reform of securities class actions....Bratton and Wachter earn high marks for being less passionate and much more thoughtful than others in the chorus calling for reform; indeed, their observations are among the most thoughtful to be found in this area. Nonetheless, their analysis is incomplete in many important areas, and in addition to …
The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson
The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson
Faculty Publications
Third-party litigation finance is a growing industry. The practice, also termed “litigation lending,” allows funders with no other connection to the lawsuit to invest in a plaintiff’s claim in exchange for a share of the ultimate recovery. Most funding agreements have focused on domestic litigation in Australia, the United Kingdom, and the United States. However, the industry is poised for growth worldwide, and the recent environmental lawsuit brought by Ecuadorian plaintiffs against Chevron demonstrates that litigation funding is also beginning to play a role in transnational litigation.
This article, prepared for a symposium on “International Law in Crisis,” speculates about …
Slides: Transboundary Solutions: A Water Trust, Policy, And Environmental Flows For The Colorado River Delta, Jennifer Pitt
Slides: Transboundary Solutions: A Water Trust, Policy, And Environmental Flows For The Colorado River Delta, Jennifer Pitt
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Jennifer Pitt, Environmental Defense Fund, Boulder, CO
26 slides
Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy
Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Jim Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation, VT
25 slides
Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs
Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Katharine Jacobs, Director of the Arizona Water Institute, University of Arizona
37 slides
The Solicitor General As Mediator Between Court And Agency, Margaret H. Lemos
The Solicitor General As Mediator Between Court And Agency, Margaret H. Lemos
Faculty Scholarship
No abstract provided.
There Are Plaintiffs And … There Are Plaintiffs: An Empirical Analysis Of Securities Class Action Settlements, James D. Cox, Randall S. Thomas, Lynn Bai
There Are Plaintiffs And … There Are Plaintiffs: An Empirical Analysis Of Securities Class Action Settlements, James D. Cox, Randall S. Thomas, Lynn Bai
Faculty Scholarship
In this paper, we examine the impact of the PSLRA and more particularly the impact the type of lead plaintiff on the size of settlements in securities fraud class actions. We thus provide insight into whether the type of plaintiff that heads the class action impacts the overall outcome of the case. Furthermore, we explore possible indicia that may explain why some suits settle for extremely small sums - small relative to the "provable losses" suffered by the class, small relative to the asset size of the defendant-company, and small relative to other settlements in our sample. This evidence bears …
Slides: Forests And Grasslands, Federico Cheever
Slides: Forests And Grasslands, Federico Cheever
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Professor Federico Cheever, University of Denver Sturm College of Law
30 slides
Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.
Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: William H. Rodgers, Jr., Stimson Bullitt Professor of Environmental Law, University of Washington School of Law
77 slides
Slides: Reclamation: Managing Water In The West: Elwha River Restoration Project, Tim Randle
Slides: Reclamation: Managing Water In The West: Elwha River Restoration Project, Tim Randle
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Tim Randle, Manager, Sedimentation and River Hydraulic Group, U.S. Bureau of Reclamation
58 slides
The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle
The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
4 pages.
"John Nagle, Univ. of Notre Dame Law School" -- Agenda
Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis
Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Dr. William R. Travis, Department of Geography, University of Colorado at Boulder
43 slides
Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon
Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
16 pages.
Includes bibliographical references
The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass
The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
19 pages.
"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"
Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle
Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
4 pages.
"Eric T. Freyfogle, Max L. Rowe Professor of Law, University of Illinois College of Law"
The Future Of Groundwater In The West, James S. Lochhead
The Future Of Groundwater In The West, James S. Lochhead
Groundwater in the West (Summer Conference, June 16-18)
7 pages.
State Immunity Waivers For Suits By The United States, Evan H. Caminker
State Immunity Waivers For Suits By The United States, Evan H. Caminker
Articles
The Supreme Court closed this millennium with a virtual celebration of state sovereignty, protecting state authority from the reach of congressional power in several significant ways. In a pair of cases, Seminole Tribe v. Florida1 and Alden v. Maine,2 the Court held that states enjoy a constitutional immunity from being sued without their consent. In Seminole Tribe, the Court opined that "the background principle of state sovereign immunity embodied in the Eleventh Amendment"3 protects states from unconsented suits in federal court. In Alden, the Court held that this principle is not merely embodied in the Eleventh Amendment but rather is …
Managing Reclamation Facilities For Ecosystem Benefits, Lawrence J. Macdonnell
Managing Reclamation Facilities For Ecosystem Benefits, Lawrence J. Macdonnell
Sustainable Use of the West's Water (Summer Conference, June 12-14)
26 pages.
Contains references.
A Meeting Of Opposites—Is Sustainable Use Of The Columbia River Possible?, John M. Volkman
A Meeting Of Opposites—Is Sustainable Use Of The Columbia River Possible?, John M. Volkman
Sustainable Use of the West's Water (Summer Conference, June 12-14)
47 pages.
Contains footnotes.
Sustainable Use Of Natural Resources: A Native American Perspective, Ted Strong
Sustainable Use Of Natural Resources: A Native American Perspective, Ted Strong
Sustainable Use of the West's Water (Summer Conference, June 12-14)
27 pages.
Contains footnotes.